Crawford

MEMORANDUM *

Christopher P. Crawford appeals the district court’s denial of his petition for writ of habeas corpus as time-barred under 28 U.S.C. § 2244 (d)(1). The facts and prior proceedings are known to the parties; they are not cited herein, except as necessary.

Although Crawford has not conclusively established that the statute of limitations should be equitably tolled for the entire 725 days necessary to make his federal petition timely, we conclude that he has made an adequate showing of mental incapacity to trigger a duty to inquire by the district court. Equitable tolling is warranted if “ ‘extraordinary circumstances’ beyond a prisoner’s control make it impossible to file a petition on time.” Calderon v. U.S. Dist. Court (Beeler), 128 F.3d 1283, 1288 (9th Cir.1997) (quoting Alvarez-Machain v. United States, 107 F.3d 696, 701 (9th Cir.1996)), overruled in part on other grounds by Calderon v. U.S. Dist. Court (Kelly), 163 F.3d 530, 540 (9th Cir.1998) (en banc). We have previously held that mental incompeteney may be such an “extraordinary circumstance.” Calderon (Kelly), 163 F.3d at 541 . When, as here, a petition is otherwise untimely but the record creates a “genuine…